Sample agreement on payment of alimony by providing property

Is it possible to provide an apartment and not pay alimony?

Is it possible to refuse to pay alimony? —17 chapters of the Family Code of the Russian Federation explain the main provisions on alimony. The bill states that the payment of alimony occurs on the basis of:

• Payment agreements. Parents themselves set the date and amount of payments. Alimony, in this case, is paid on a voluntary basis. This can be done either orally or in writing by signing a document certified by a notary. It is in this case that you can freely transfer the apartment to the child without paying alimony. Art. 104 of the RF IC specifically states that alimony can be paid in a lump sum by providing one’s property.
• Court order. In this case, in order to receive child support, the parent must apply to the judicial authorities. Subsequently, the second parent receives a court order, under which he undertakes to pay a certain amount for the child. You can challenge this order only within 10 days after receiving it.
• Court decisions. If there is no mutual understanding between the parents or the second parent has problems with the ability to pay alimony, then the money is confiscated through legal proceedings.

The judicial authorities do not have the authority to seize an apartment or transfer it to a child for alimony. Payment of alimony occurs:

• In a fixed amount of money. Payments are made taking into account the cost of living;
• As a percentage of salary. Art. 81 of the RF IC states that the amount of payments should be more than ¼ for 1 child, 1/3 for two and ½ for 3 or more children.

If a parent refuses to do what is ordered by the court, then the property may be seized by bailiffs to pay for child support. In this case, the second parent contacts the FSSP. This measure may include:

• apartment or house, if the payer does not live there;
• any vehicle (car, motorcycle, scooter)
• amounts of money on credit cards (even if these are issued credit funds)
• jewelry and stuff

Situation

Romanov A.A. was a child support debtor. His debt was 150 thousand rubles. The bailiff, by sending various requests to the competent authorities, found out that the debtor has material property, or rather a car (foreign car). The cost of the car was 200 thousand rubles. Soon it was sold at auction. As a result, 150 thousand rubles were sent to the collector as payment of alimony debt, and the remaining 50 thousand were returned to the debtor for use.

This is also important to know:
Recalculation of alimony: grounds, necessary documents, sample application, judicial practice

Not all property can be confiscated from the debtor. From Art. 446 of the Civil Code of the Russian Federation, it becomes known that there is a list that cannot be withdrawn:

• apartment or house in which the debtor himself currently lives;
• the land area on which this house is located;
• a car or other vehicle, the presence of which is necessary for the debtor due to his or her disability or the disability of his relative;
• personal items that are not luxury items;
• items that the debtor needs to engage in professional activities;
• livestock and pets;
• Food;
• medals, orders, honorary insignia, etc.

Clause 4 art. 69 of the Law “On Enforcement Proceedings” No. 229-FZ states that funds can be withdrawn from the debtor as his tangible property - an apartment, if the debtor is not able to pay his debt in cash. No new law has been issued in 2020 regarding this topic.

How to terminate the agreement

If the family or financial condition of any party has undergone significant changes, then it is permissible to terminate the contract. For example, a child support worker may face the following life circumstances:

• his earnings have decreased significantly (for example, he was laid off and he cannot find a new job, or due to an occupational injury the person was assigned a certain disability group that requires expensive treatment);
• the alimony recipient's earnings have increased significantly and he no longer needs financial support;
• the marital status of the parties has changed (for example, the alimony provider has a new family and small children requiring financial support).

The legislation also puts forward the following list of grounds for terminating an alimony agreement.

1. The parties do not fulfill the conditions specified in the document or fulfill them improperly.
2. The parties independently decided to terminate the document. In this case, they will need to send written statements to each other. The agreement is terminated on a voluntary basis, and this fact must be certified by a notary.
3. One of the parties to the agreement filed a claim with the court with a request to annul the document.

When going to court, the interested party must submit documents that prove a change in her financial/family situation.

How to voluntarily transfer an apartment to a child for child support

Parents are not always able to provide their child with a full, quality life, especially if they are forced to constantly rent housing. When specifying an apartment as alimony, a parent can:

• provide the child with housing in advance (that is, pay housing support for the child);
• provide a certain amount of alimony in advance;
• close the debt

Important

It is important to understand the true price of an apartment in monetary terms.

If your child is 15 years old, then there are still 3 years left before the end of payment of funds. During this period, the payer’s salary is 150 thousand rubles, 30 of which are deducted as alimony. Over 3 years, a child could receive a sum of money in the amount of 30 x 36 = 1,080 thousand rubles. If an apartment given to a child as alimony costs about 1,500 thousand rubles, then it not only provides for the minor, but also covers the costs of alimony. If the price of the apartment is less than the amount of child support that will be required until the child reaches adulthood, then the parent is obliged to pay this difference.

Is it possible to buy back a share for alimony?

Property acquired during the existence of a marriage is recognized as joint property, and each owner has an equal share. After the divorce, housing disputes arise between the parties: division of real estate, valuation, determination of shares, etc. Usually, during a divorce, the parties have conflicts, but they can resolve the dispute amicably. Thus, a spouse can buy out a share in the house to pay for children’s payments; this right is stated in clause 2 of Article 102 of the RF IC. Citizens will need to enter into an agreement (refused) and have it certified by a notary. The terms of the contract must specify the extent of the assignment: in full or only in part.

Alimony agreement

This document provides the greatest freedom in choosing the method in which alimony will be paid: a sum of money or property.

Important

Children who have received property in exchange for child support should not be left in worse living conditions than they were at the time they received the monthly payments.

Situation 1.

Spouses Ivanov N.V. and A.G. divorced when their son was 15 years old. If Ivanov’s mother N.V. seeks alimony for the child, then Ivanov A.G. will pay them for another 3 years. His salary is 60,000 rubles. In 3 years, the son will receive 60,000/4 x 12 x 3 = 540,000 rubles. If the father transfers the apartment to his son, then this amount will be covered because the value of the property is higher. If Ivanov A.G. decides to give his son a car to account for alimony, then he will have to pay the difference, which is the price of the car in accordance with the amount of alimony.

The Agreement ceases to be in force if:

• its validity period has expired;
• one of the parties died;
• the child has reached adulthood;
• according to other individual conditions agreed upon in advance by the parties

How to refuse transfers

In order to obtain ownership of real estate, people simply need to enter into an agreement. The recipient does not have to write a separate waiver of the property. They just need to indicate in the terms of the agreement that the alimony provider is completely exempt from paying funds to provide for minors, and then they must proceed as described above. Giving up rights is quite risky, and in order not to make a mistake, a person should carefully study the law.

Appointment of alimony by judicial authorities

If the payment of alimony was initially decided through the court, then it is not possible to draw up a voluntary agreement on the transfer of the apartment. In this case, payments can only be made by transferring funds. Refusal or replacement of this procedure is not provided for by law.

Payments will expire if:

• the child is no longer considered a minor (has reached the age of 18)
• the child became fully capable before reaching adulthood;
• the child was adopted;
• the person receiving alimony died;
• the payer himself died;
• the payer is declared incompetent;

Purpose of additional payments

The transferred property does not guarantee relief from alimony obligations. If over time the ex-spouse’s earnings increase and the woman assumes that possible payments exceed the cost of housing, she has the right to collect additional payments, justifying this as a violation of the interests of the child.

To recover additional funds in court, it is necessary to justify the needs of the minor by providing receipts for food and receipts for payment of tuition, additional sections, etc.

It is also possible to recover alimony in full through the court. If an agreement was previously drawn up, it is first disputed, and then funds are collected.

Stage of enforcement proceedings

If a parent has accumulated a large debt for child support, then the bailiffs have the right to seize the debtor’s property until he provides the required amount of money. If he does not do this, the apartment will be confiscated.

This is also important to know:
How to apply for alimony: drawing up a statement of claim and procedure

The debt is repaid in the following ways:

• the property is sold at auction, and the remaining amount of the debt is returned to the debtor;
• the debtor independently sells the apartment and returns the money;
• the apartment is transferred to the collector as compensation for the debt

It is impossible to transfer an apartment to a child if the alimony payer lives there.

Frequently asked questions

Is it possible to leave a receipt for payment of alimony by providing an apartment?

The receipt has no legal significance and is easily disputed in court. It is better to conclude an agreement with a notary, but it does not cancel alimony obligations if the property is provided as alimony.

Who becomes the owner of the transferred property?

According to the law, alimony is paid to provide for the needs of the child, but is received by the mother, who is the legal representative. However, the property must be registered in the name of a minor, since it is transferred in his interests. If this is not done, the ex-wife may subsequently refuse to re-register documents for the child.

Conditions for transferring an apartment to a child

An apartment can be transferred in different ways to pay alimony.

Voluntarily

In Art. 104 of the RF IC states that the voluntary transfer of property for a child as alimony can occur by mutual agreement of the two parents. Chapter 16 of the RF IC makes the following requirements for such an agreement:

• it is written;
• notarized;
• does not violate the rights of parents and children

There are several reasons for choosing this form of payment:

1. A child and a parent have nowhere to live, but the other parent can provide an apartment.
2. If the parent wants to subsequently rent out this apartment and receive a monthly income from it.
3. The parent does not have the opportunity to pay the funds every month, but he does not want to become a debtor, and in addition, he has the opportunity to transfer the apartment into the hands of the child, thereby ensuring his future.

Forcibly

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How to sue property and is it possible to do this legally? Those parents who:

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• cannot make monthly alimony payments;
• do not pay child support, avoiding official employment;
• cannot pay off the accumulated child support debt

Forced repossession of housing occurs extremely rarely and only when it comes to parents who are persistent defaulters.

What happens in practice?

The RF IC gives parents the freedom to choose the form of alimony when concluding an agreement. However, in reality, many notaries refuse to certify such a transaction, arguing that, in fact, it will not be legal. At the same time, they refer to the fact that any parent has obligations to support their child (Article 80 of the RF IC).

The transfer of property cannot be called maintenance, because the minor does not receive financial support until the property is sold.

There is also another point of view. In Art. 120 of the RF IC provides cases when a parent may no longer be obligated to pay child support. When concluding an agreement between the parties, this can happen on the basis set out in the document itself. For example, parents can indicate in the text a different payment format and clarify that the parent will be exempt from alimony if property is transferred to the child.

The Civil Code of the Russian Federation also does not prevent such an outcome. According to Article 409, the property will act as compensation. After re-registration of documents, the obligation to pay alimony will cease.

However, in Russian practice there are cases when alimony agreements on the payment of alimony in the form of transfer of property were recognized as illegal. To avoid such litigation, lawyers recommend going to court and, during the hearing, concluding a settlement agreement on this method of payment. Then it will no longer be possible to challenge it.

What kind of housing can be transferred as alimony?

Only the parent who has ownership rights to this property can transfer housing to a child as alimony.

• The apartment was purchased by the parent before the marriage. The second parent is not the owner of this property;
• The share of the apartment belongs to the parent, so he can easily transfer it to the child;
• If the parent has a deed of gift in his name, then he can officially give the apartment as alimony.
• If the apartment was inherited, the parent has full rights to it and can transfer the property to the child.

If the housing area is collateral for a mortgage, then the parent will be refused to transfer such housing.

Is such a transaction legal?

According to Art. 104 of the RF IC provides for legal ways of transferring real estate to a child in exchange for waiving alimony. This is done by agreement between mom and dad in the form of an agreement, but it must be formalized legally correctly.

The only condition that the father and mother are obliged to take into account is that the child’s standard of living should not become worse in material terms than it was at the time of receiving the monthly subsidy.

This means that the advantages of such a deal could be:

• moving the mother and child to a new home, if their living conditions were previously poor, or the mother rented an apartment;
• housing can be rented out, thereby receiving monthly cash for the child, which can compensate for his needs.

It is important to understand that the mother of the child, having refused alimony, will have to find funds for his maintenance on her own. She can only draw up an agreement to rent out an apartment, but she cannot sell, exchange or give it away. The owner of the home will be the child, and upon reaching 18 years of age, he will decide what to do with the apartment.

How to transfer an apartment to a child

It is necessary to draw up a transfer agreement correctly and structuredly. Sometimes it happens that transferring an apartment to pay alimony can be considered as a voluntary action aimed at investing in the future of the child, and not at paying alimony. In this regard, try to follow the following action plan:

1. Calculate how many years your child has left before reaching adulthood.
2. Calculate the amount you have left to pay for child support.
3. Talk to the other parent about an agreement between the parties. If you come to an agreement, start filling out the paperwork.
4. Have the completed agreement certified by a notary.
5. Create a deed of gift in your child's name.

Official procedure

Drawing up an appraisal document is a rather complex process. In order to correctly evaluate an apartment, it is necessary, first of all, to analyze price fluctuations in the real estate market. There are 2 types of apartment valuation:

1. Inventory. In this case, the BTI is determined. The location of the apartment, distance to public transport, infrastructure and safety of the area are not taken into account. Usually this cost is quite low. In this regard, such an assessment is not beneficial for the payer.
2. Market. This assessment is carried out by commercial organizations. An agreement is drawn up in advance with the company, where all its terms and prices are outlined. The cost of this assessment in 2020 was about 3 thousand rubles.

Fact

You can calculate the cost of an apartment yourself, but you must have the document certified by a notary.

The most expensive apartments, as a rule, are those located in the very center of the city. Apartments in a new building are cheaper than in houses built five years earlier. The cost of an apartment is also affected by:

• parking nearby;
• playgrounds for children;
• presence of noisy roads;
• view from the window;
• ceiling height;
• the presence of a loggia or balcony.

This is also important to know:
Child support debt after the death of the debtor: who should pay it and how

The report includes a whole set of documents: the report on the house itself, the contract, title documents and their copies directly. The cost of real estate does not stand still, so an apartment, valued at 1.5 million a few years ago, may cost 1 million today. It is important to realistically assess the state of affairs in the real estate market so as not to find yourself in an unpleasant situation.

When drawing up a contract, the child’s parents need to discuss the following things:

• procedure for drawing up a deed of gift;
• on what day will the apartment be handed over to the child;
• compensation amount

Compensation is paid only if the price of the apartment is less than the amount required to pay for child support. Then the payer simply pays a certain missing amount. If housing costs more than necessary, the payer can also demand compensation from the child, but such cases are extremely rare in practice.

What documents are needed:

• Russian passports of parents;
• child's birth certificate;
• child’s passport (if he is 14 years old);
• extract from the child’s place of residence;
• property valuation report;
• documentation for residential premises;
• extract from the Unified State Register of Real Estate

Next, all documents are transferred to the notary. Parents can draw up an agreement on their own with the help of a lawyer, but this is not financially profitable, since legal services are included in the notary’s fee.

The living space is transferred under a donation agreement. It must be notarized, since the owner becomes a minor citizen.

In order to notarize a document, both parents must be present. If the child is under 14 years old, his presence is not required.

Next, all necessary documents are submitted to Rosreestr in order to register property rights. This can be done through the MFS service, or on the Rose Register website. This procedure will take one to two weeks. Below is a gift agreement for alimony.

How to correctly draw up an agreement on the payment of alimony by providing property

An agreement to pay alimony by providing property is drawn up in writing and is subject to mandatory notarization.

This document can be drawn up either personally or with the help of a notary or a third-party lawyer. The latter services will have to be paid for. Experts recommend choosing the second option for the following reasons:

• In order for the specified document to acquire legal validity, certification by a notary is a necessary condition. This rule is provided for in Article 100 of the Family Code of the Russian Federation, and a notary will not certify a document drawn up with errors or violations;
• If you draw up an agreement yourself, the cost of notary services will not change and in any case you will have to spend 5,250 rubles for the help of a specialist;
• A lawyer will be able to take into account all the necessary nuances and provide appropriate recommendations regarding a specific case, as well as give a legal assessment of the existing situation.

Important! If the obligation to pay alimony concerns two or more minors, the agreement can be drawn up both in relation to all children, and for each of them separately; in the latter case, the price of notary services will be significantly higher.

In order for the execution of the agreed document to take place in a legal manner, both parents must contact a specialist. In addition, if at the time of conclusion of the transaction the minor has reached the age of 14, the latter’s mandatory presence is required.

To notarize this agreement, the specialist must provide the following documents:

• Passports of each spouse;
• Child's birth certificate or passport, if available;
• Documents confirming ownership of the transferred property.

Form and content

The application is drawn up in typewritten form, but the law allows it to be written by hand. However, during notarization, the notary will still instruct technical workers to reprint the document, so it is better to immediately prepare it in electronic form. This type of agreement must contain the following information:

• The name of the document itself, reflecting the essence of the legal relationship;
• Time and place of signing the agreement;
• Personal information about the payer and recipient of alimony such as full name, address, place of residence, passport details;
• Information regarding the minor to whom the property is transferred, namely, full name, date of birth, information contained in the latter’s birth certificate. If at the time of conclusion of the transaction the child is 14 years old, passport data must be indicated;
• Contract time;
• Description of the subject of the agreement - the payer’s obligation to transfer certain property to pay off alimony payments. In this case, the transferred property must be described in detail, for example, when transferring an apartment, information about its address, total square footage, number of rooms, and so on is entered in relation to the latter;
• The degree of repayment of alimony obligations is reflected: in full or in part. In the second option, a separate paragraph indicates the procedure for paying the remaining part of alimony in cash equivalent;
• The rights of the parties to the concluded agreement regarding changes in its terms;
• The procedure for liability of the guilty party in case of non-compliance with the terms of the agreement;
• Signatures of the parties with their transcript.

The document is drawn up by a notary in three copies. One remains in the notary’s office, the other two are given to the child’s parents.

Sample agreement on alimony on transfer of property

The sample below is just one of the options for transferring property. In the example, we are talking about transferring the house for the entire period the child receives alimony, whereas in your case the situation may be extremely individual.

right now or entrust him with drawing up an agreement on your issue.

Sample

Voluntary agreement

on the transfer of property to pay alimony

minor/minor __________________________ (child's full name)

city__________________ date__________________

Citizen_________________ (full name of the payer), passport series_______No._______from__-__-____year,

registered at the address: g___________, st____________, d__, apt__,

hereinafter referred to as the “Alimony Payer”, on the one hand, and citizen________________ (full name of the recipient), passport series_______No.________ dated__-__-____year, registered at the address: __________, st_____________, d__, apt__,

acting as the legal representative of a minor child______________ (full name of the child), __-__-____year of birth, born in the city ____________, hereinafter referred to as the “Recipient of alimony” on the other hand, and collectively referred to as the “Parties”,

being the parents (legal representatives)______________ Full name of the child, in accordance with Articles 80, 81, 99 - 104 of the Family Code of the Russian Federation, acting voluntarily, we have entered into this Agreement as follows:

Subject of the agreement

1. The alimony payer transfers property in payment of monthly funds - a one-room apartment with a total area of ​​____ square meters. meters at the address: _________, st___________, d____, apt____ - under a gift agreement dated __-__-___ to a minor daughter/son ________________ (full name of the child)
2. The donee is considered to be ___________ (full name of the child)
3. The cost of an apartment transferred by a gift agreement is counted as payment of alimony payments until ___________ (child's full name) reaches adulthood.
4. Party _________ (full name of the recipient) agrees with the transfer of the apartment at the address: g______, st _________, d__, apt__ for alimony payments in favor of a minor child and has no claims against Party ________________ (full name of the payer).

The parties sign this Agreement with full understanding of its essence and subject matter, as well as mutual expression of will.

Father's full name, signature___________________________

Mother's full name, signature ___________________

Cash expenses

In order to formalize an agreement between the parties, it is necessary to pay a certain amount of money.

1. It is advisable to get legal advice at the very beginning, so you will have to pay about 1,500 rubles for it.
2. The cost of assessing housing space directly depends on the choice of assessment method. An inventory valuation costs approximately 650 rubles, and a market valuation costs 3 thousand rubles.
3. For a document to be legal, it must be notarized. This procedure costs approximately 8 thousand in Moscow, and in the regions - from 2 thousand and above.
4. Further, the certificate of gift agreement is 0.3% of the official value of the property.
5. The cost of state registration is 2,000 rubles.

What property can be provided?

Acting within the framework of the agreement, the spouses can agree to provide any property necessary for the child. Practice has created many ways to provide your property to pay alimony, for example:

• Food supply;
• Purchasing sports, hobby or educational equipment;
• Providing clothing;
• Purchasing books, medicines, school equipment, and so on.

Important! It should be noted that this type of agreement on payment for an element can be implemented both through periodic supply, for example, with the items listed in the above list, and through a one-time transfer of ownership of such property as residential real estate, a car, a land plot, etc.

At the same time, the provision of ownership of any property should not contradict the principle of priority of the interests of the child.

Thus, real estate that has signs of illiquidity cannot be taken into account towards the repayment of alimony due to the fact that this would be a direct violation of the rights of the minor.

In this regard, we can conclude that the transferred property must satisfy both the daily and permanent needs of the children. If the property does not represent any value for minors, then it cannot be the subject of an agreement on the payment of alimony by providing property.

When drawing up this document, both parties must take into account the following nuances:

• To what extent will the transferred property pay off current alimony obligations: in full or in part;
• This version of the agreement does not require state registration;
• The transfer of property into the ownership of a minor takes place during the latter’s life between fourteen and eighteen years, and must also be registered in the Unified State Register;
• The question of how long the property is transferred is required to be reflected: until the child reaches the age of majority or on an ongoing basis. In addition, it is necessary to indicate on what basis the transfer of the agreed property rights is carried out: into temporary possession or into full ownership;
• Persons who are guardians of the child cannot claim ownership of the transferred property.

Example. The child’s father, Ivanov, agreed with the baby’s mother that he would transfer a 1-room apartment to pay child support and would be exempt from paying child support for three years. Taking into account the size of the official salary, the court would have collected about 20 thousand rubles in alimony from Ivanov. The child’s mother, fearing violation of the baby’s interests, calculated:

• The apartment provided in exchange for three years of alimony payments had a market value of 1 million rubles.
• In three years, Ivanov would have paid an average of 20 thousand * 12 months in alimony. = 240 thousand per year and, accordingly, 720 thousand for three years.

The child’s mother came to the conclusion that this method of fulfilling child support obligations is beneficial for the child, especially in a situation where the mother and child had serious housing problems.

How does the transfer of an apartment share take place?

A share in an apartment to pay alimony can also be made. To do this you need:

• Document the division of property. A spouse can formalize the division of living space both within marriage and outside it, according to Art. 38 RF IC.
• Register your property rights in Roseestr. To perform this action, it is necessary to submit all certified documents to the MFC authorities.

This is also important to know:
From what point is child support calculated: the period and procedure for collecting funds

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• Russian passport;
• completed application;
• marriage contract/court decision/agreement of the parties - anything that proves that the share has become property;
• check for payment of state duty. It is equal to 2 thousand rubles;

When the payer receives an extract, he will be able to fully dispose of his share of the property.

Registration of a share as alimony does not mean complete disposal of them. The share of the property may be valued at a much lower amount than the amount of required alimony.

Moreover, the parent left with the child may demand an increase in the amount of child support due to a lack of funds to support the child. The court always meets the interests of the minor.

Experts recommend making payments on your own, transferring them to the parent’s card, even if the apartment was given away to pay child support. This way, you won't be faced with the obligation to pay a huge amount of money in one lump sum in the future.

Mechanism for collecting arrears of alimony on account of real estate

The use of this method is possible only if a huge amount of debt has accumulated, which includes monthly cash payments, penalties and fines for failure to fulfill obligations. In addition, a penalty for late transfer of funds is taken into account.

It is 0.5% for each day of the total amount. The process of collecting monetary debt is primarily made from the payer's earnings and bank accounts. The next thing that is considered by the executive service is property.

Attention! If this property is the only place where the defendant can live, then the enforcement service has no right to collect the debt by this method.

After the court makes a decision to seize property in order to compensate for the defendant’s monetary obligations, the case is transferred to the enforcement service, where the premises are assessed and put up for sale. The main part of the funds received is transferred to the possession of the plaintiff and covers the entire amount of the debt, the remainder is returned to the defendant.

Conditions for the invalidity of a waiver of alimony for an apartment

There are a number of cases when refusal of alimony towards an apartment becomes invalid. If the parent’s income becomes higher, then the parent left with the child has the right to go to court with a request to increase the amount of alimony, which means the payer will have to pay the additional amount that is required.

Situation 2.

Mikhail's income is 80,000 rubles. During the divorce, Mikhail and his ex-wife enter into an agreement that the spouse’s apartment worth 3 million rubles passes into the hands of their common son to pay alimony. After some time, Mikhail’s salary increases to 100,000 rubles. If previously 25% of Mikhail’s earnings amounted to 20,000 rubles, now they amount to 25,000 rubles. The ex-wife has the right to go to court to recover the remaining amount.

Can alimony be awarded after the transfer of property?

The transfer of property in accordance with the alimony agreement relieves the parent of the need to make monthly payments. However, there are situations where, even after such a transaction, the child’s mother sought through the court the assignment of regular alimony payments. This happens especially often if the parties did not enter into an agreement through a notary, but the woman wrote a waiver of alimony after the transfer of property. This document has no legal force at all.

But even if an alimony or settlement agreement is concluded, there remains some likelihood that the woman will go to court for financial assistance from her father.

Art. 86 of the RF IC provides for such a possibility in the event of exceptional circumstances. Moreover, their complete list can be adjusted. For example, a woman who has received serious injuries or disabilities, as a result of which she can no longer work and support a child, has the right, even in the event of a transfer of property, to request financial support from her ex-spouse.

Arbitrage practice

Quite often it happens that a parent left with a child, some time after receiving ownership of the apartment for alimony registration, goes to court with a request to collect it. Often the court takes the side of such a parent, because giving away property for alimony is not a means of getting rid of the payment. Even if you have a receipt in your hands waiving alimony, it has no legal force.

Situation 3.

Petrova P.R. after the divorce from Petrov R.A. stayed to live with her son in a three-room apartment. This apartment was jointly acquired property between her and her husband. Ownership was divided in half. Petrov R.A. worked in the company, received high wages and paid monthly alimony in good faith.

To become a full-fledged owner of the apartment, Petrova P.R. They suggested that their husband draw up a deed of gift for their son. She promised not to apply for alimony if her ex-husband gave his share to the child. The woman even wrote a receipt waiving alimony. The deed of gift was drawn up at a notary's office, and the father's share passed into the hands of the son.

After 3 years, Petrov P.R. faced financial problems and supporting her son alone became more difficult. In this regard, she filed a lawsuit asking that her ex-husband be ordered to pay child support. Her demands were approved in full, because the court always protects, first of all, the interests of the child. Petrov R.A. presented a receipt during the trial, which stated that Petrova was refusing alimony on his part in exchange for a share of the apartment, but the court recognized that this document had no legal force.

If the housing was transferred as repayment of alimony, then things are different here, since the amount of debt is known in advance and the living space has been assessed.

Features of drawing up an agreement

It is necessary to have the completed document certified by an employee of a notary agency - without this, the agreement has no legal force. If the parties have drawn up an ordinary written document, after which one of the parties to the agreement ceases to comply with the conditions specified in it, then the person whose property rights have been violated will not be able to apply to the FSSP with a request to collect alimony forcibly.

It is recommended to order the drafting of the document text from a notary, albeit for an additional fee for his services. If the agreement is drawn up with errors, and its provisions violate the property rights of the parent or minor, then the notary agency employee will refuse to certify this document.

Additionally

How does the transfer of an apartment for alimony work take place?

Issues of selling and transferring housing from hand to hand are resolved directly by the two parties independently. Everything is done in the same way as in court. Initially, an agreement on the transfer of housing is signed, its assessment is carried out, and then the sale and settlement takes place.

Interesting

To ensure that the price is valid and up-to-date, and to avoid problems in the future if the case goes to court, contact special property valuation companies. They will calculate the cost of housing in accordance with the market price, location and demand for this type of housing.

The process of dividing property acquired during marriage occurs separately from child support. Usually all property is divided in half. The child does not take any part in this process and does not influence the division of property.

When can alimony be paid with property?

The RF IC has provided two options for resolving the issue of alimony: in court and voluntarily. In both cases, parents can reach mutual agreement by concluding a settlement or alimony agreement (in court or with a notary).

If the parties fail to reach an agreement peacefully, then the format of alimony payments is determined by the court. The following options are provided:

1. as a share of earnings (Article 81 of the RF IC);
2. in solid form (Article 83 of the RF IC).

This means that in court it is impossible to get rid of the need to pay alimony by transferring your own property to the child. The exception is when parents enter into a settlement agreement based on the outcome.

In what cases does donation of property for alimony not exempt from payments?

An apartment instead of alimony is not a guaranteed way to relieve yourself of the obligation to pay sums of money.

This is also important to know:
Deprivation of parental rights for non-payment of child support: sample statement of claim and sequence of actions

The amount of alimony payment may be fixed or depend on the specific earnings of the payer for a given period of time. In this case, any change in wages will affect the increase in the amount of alimony. If you give away your property, but after some time the amount of income increases, then most likely you will have to pay some extra money, since the child should not be disadvantaged in receiving full financial support.

Of course, if the cost of the apartment is so high that it covers all the costs of providing for the child for many years to come, then you won’t have to pay anything extra, but if your new salary has increased significantly, then be prepared to become an alimony payer again.

If you still have not figured out this issue, then contact the lawyers working on our website for help. They work around the clock and without restrictions.

Risks and limitations

Unfortunately, parents are not always able to foresee everything and reach agreement on the method of paying child support. This method, like transferring an apartment, seems mutually beneficial, but is not suitable for everyone. And even when the necessary agreements are reached, notaries do not always agree to certify them.

This is due to the fact that alimony is, first of all, money that must be paid for the maintenance of a minor child. If the parental agreement provides for the payment of alimony in cash (in shared or fixed terms) and does not violate the rights of the child, challenging it, although not excluded, is unlikely.

If the parental agreement provides for the transfer of valuable property, in particular an apartment, instead of alimony, although it is concluded in favor of the child, it does not provide for his constant needs for food, clothing and shoes, medicines, funds for education, treatment, health improvement, and so on. thus violates the child’s rights to decent material support. Therefore, it can be challenged and declared invalid.

In addition, one cannot conclude that transferring an apartment instead of alimony will once and for all close the issue of parental support for the child. This is mistake.

It is legally established that child support payments should increase over time. It's connected…

• with an increase in wages (if payments are assigned in shares of the parent’s earnings) and a proportional increase in alimony;
• with an increase in the cost of living (if payments are assigned in a fixed amount) and indexation of payments.

It may turn out that the cost of housing transferred as alimony will not increase compared to the expected increase in alimony payments. And the rights of the child, again, will be violated. At the same time, it is likely that the parent’s income will increase.

In this state of affairs, it is possible that the second parent will decide to go to court with a claim for alimony or additional funds for the maintenance of the child. And the court will satisfy the claim, and the parent will have to pay alimony - despite the transfer of the apartment (share in the apartment) into the ownership of the minor child.

Example After the divorce of the Trokhimovs, the mother and child remained to live in a two-room apartment acquired during marriage. The husband settled separately and regularly paid child support.

After some time, the child’s mother decided to take possession of the apartment and offered the father a deal: he transfers his share in the apartment into the child’s ownership, and she writes a receipt about her refusal to receive alimony. The donation agreement was certified by a notary office, and half of the apartment belonging to the father became the property of the child. But two years later, the child’s mother encountered financial difficulties and was unable to support the child on her own. She went to court with a demand for alimony. The father filed an objection, presented the court with a donation agreement for the apartment and a receipt from the mother for the refusal of alimony, but the claim was fully satisfied. The father had to pay child support again.

Some parents think that they can protect themselves if, in addition to the alimony agreement, they sign a receipt waiving alimony in connection with the transfer/receipt of an apartment instead of alimony payments. But alas, such a document will not have any legal force and will not serve as strong evidence in court.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

From all of the above, we can conclude that the transfer of real estate instead of alimony is not a guarantee of complete release from alimony obligations.

In addition, this transaction, like any other transaction the subject of which is valuable property, especially real estate, must be concluded with great caution, with a deep and detailed study of the law, and always with preliminary consultation with a lawyer.

Challenging contracts occurs frequently and in some cases is quite successful.

Errors, incorrect formulations and interpretations, incorrect execution of documents - all this can also lead to adverse consequences, and the transfer of housing will be considered by the court as an ordinary gift, and not the fulfillment of alimony obligations.
Be carefull. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Author of the article

Irina Garmash

Family law consultant.

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What is important when transferring real estate

Having analyzed all the fears and risks of transferring property to pay alimony, remember:

1. Talk with the other parent and draw up an agreement in which you must specify how child support will be paid (by transferring the apartment into the hands of the child);
2. If a parent is not enthusiastic about the idea of ​​selling a home, then they can enter into a gift agreement to account for child support.
3. If only the parent paying child support is the owner of the residential premises, then he has the right to transfer ownership rights to his child. This will be considered a way to pay off alimony.
4. All documents must be certified in writing by a notary.

The court will always side with the minor, so oral settlement agreements will not help you during the trial.

Additional features and nuances

1. If the parents have agreed that the alimony provider will transfer expensive property to the child in full payment of alimony, this does not mean that subsequently financial assistance cannot be recovered from the parent again. For example, a child became unable to work due to a serious illness or injury, which led to disability. In this case, the parent living next to him has the right to recover money from the ex-spouse to cover treatment costs.
2. If the financial condition of the child support provider has improved significantly, then the second parent has the right to demand a change in the agreement in order to collect additional funds.
3. If the alimony holder has accumulated a debt (for example, he refuses to provide the funds remaining after the transfer of property), then his property may be forcibly confiscated. At the same time, the legislation establishes a list of objects that cannot be confiscated: the only housing, personal belongings, food, fuel for heating an apartment and cooking, seeds, awards and prizes, livestock. If the alimony recipient is disabled and owns a car specially equipped for travel, then this property is also prohibited from being collected.

In some cases, refusal of alimony for an apartment does not exempt you from paying it

Is it possible to refuse to pay alimony if the apartment has been transferred? Transferring an apartment to account for alimony payments does not relieve a parent from providing for and maintaining his child.

Any change in pricing policy, utility bills, cheaper or more expensive housing, increase or decrease in parents' salaries - all this will affect the amount of alimony. At any moment, a parent must be prepared for the fact that he will again have to pay child support for the maintenance of a minor.

Forcible seizure

According to paragraph 4 of Art. 69 Federal Law No. 229, it is possible to arrest and transfer housing to children, but this can only be done under the patronage of a FSSP employee, and if the child’s father has become a habitual defaulter and has accumulated debt. To collect it, the bailiffs have a lot of legal levers of pressure, which are being improved every year. The more sophisticated men are in trying to hide from alimony payments, the more sharply the law reacts.

On the basis of enforcement proceedings, the transfer of the apartment to the child is forced, based on clause 4 of Art. 69. The debtor’s property is subject to seizure and foreclosure. The man is given a choice - pay his debts in cash or part with his home.

Features of the procedure for seizing the debtor's property

Important! The debtor must personally express his desire to sign over the apartment. It is impossible to seize housing without his consent (clauses 2-5 of Article 69). The amount of debts must correspond to the valuation of the apartment.

Payment is possible in the following ways:

• sale of an apartment (open auction), the proceeds are transferred to the account of the alimony recipient;
• the father himself sells the apartment and transfers the money to the child;
• housing is transferred “in kind”.

Fact! You cannot seize or voluntarily transfer an apartment in which the debtor father himself or other persons are registered. The housing must be “clean” and the alimony payer must have a corner in which he is registered.